In addition to the terms and conditions set forth in the FayeBSG Master Services Agreement and/or the FayeBSG Professional Services Agreement, the following additional terms and conditions shall apply when FayeBSG is providing a hosting product (“Hosting Product”) to Company:
- Censorship:
FayeBSG will exercise no control whatsoever over the content of the information passing through the network, email or web site.
- Access:
Server and application access is limited to HTTPS. SSH/FTP/SFTP and other communication methods are not included.
- Storage: Filesystem and database are encrypted at rest. Unless otherwise specified in the Product Order Form. Additional File Storage is available for $60/GB/Year. Additional Database Storage is available for $60/GB/Year.
- Backups:
As part of the Hosting Product FayeBSG includes backups of each server. Backups are stored using an automated backup service and can only be restored to the hosted environment. Additional files system or database backups requested by the Company can be provided at an additional cost and will be documented and agreed upon in an amendment to the Product Order Form.
- Security:
VPN service and SSO/MFA products are not included unless ordered on the Product Order Form. These are available as add-ons. Company will either purchase SSO/MFA product from and VPN product from FayeBSG or will provide their own. In the event Company does not use either, Company assumes the risk associated with not having these products in place.
- Support: Support is defined as Hosting Support and Application Support.
- Hosting Support:
Hosting Support includes hosting related issues, such as availability, performance, backups, access, and security. Company is allowed up to 2 designated contacts who can submit support tickets on company behalf. Hosting Support is available via phone or email during the business hours of M-F 9am – 5pm PST excluding Holidays. FayeBSG makes a best effort to respond to critical production-related issues in 4 hours and 24 hours for non-critical issues. These response times are not guaranteed. Hosting Support includes patching and upgrading of server.
- Application Support:
Application Support is not included. Application patches and upgrades are not included. Additional costs may apply for application support and application upgrades. Application support must be purchased through an aXia subscription. Items and services considered new scope of work: SQL optimizations, additional backups, configuration of additional monitoring, system migrations, source code changes and modifications, database development, and project/account management. Items and services considered new scope will require a statement of work.
- Service Availability:
The FayeBSG is fully committed to providing quality service to all customers and will use commercially reasonable efforts to have the service available 24 hours per day, 7 days per week, excluding any scheduled maintenance as described below and unscheduled downtime due to events beyond its control. FayeBSG’s goal is to maintain a 99% monthly average of scheduled availability of its servers. Server availability is defined as Company’s ability to connect to Company’s application and customer data through remote desktop.
- Outages Due to Load:
The Company will be notified should any server become unresponsive. If a server is determined to be unresponsive due to internal process load or external load from overuse, FayeBSG will recommend the actions to be taken. Should Company decide not to take the recommended action, FayeBSG will not be held accountable for the time that the server is unresponsive.
- Scheduled Maintenance:
The scheduled maintenance and upgrade window for all subscribers will be performed from 1:00am to 6:00am pacific standard time during the weekday and can be performed at anytime on the weekend or holidays. Notification from FayeBSG’s administrative staff will occur at least 48 hours prior to work being performed. Notification failure of normal maintenance by FayeBSG staff will result an application of the uptime guarantee. FayeBSG shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to external circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Hosting Product. FayeBSG agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will FayeBSG be held liable for any financial or other damages due to such interruptions. In no event shall FayeBSG be liable to Company or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refund of fees, loss of profits, cost of cover, loss of income or cost of replacement services.
- Proprietary Rights and Data: Company’s Compliance with Privacy Laws; Purpose Limitation
Company will at all times comply in full with the requirements of any applicable privacy and data protection laws (including where applicable, European Union Directives 95/46/EC and 2002/58/EC and any national implementation(s) of them) to which it is subject as a Data Controller (“Applicable Privacy Law(s)”). FayeBSG will process data in accordance with FayeBSG’s instructions under Applicable Privacy Law(s) and will not: (a) assume any responsibility for determining the purposes for which and the manner in which the data is processed, or (b) process the data for its own purposes.
HIPAA and PHI in Relation to Sage Products
Company understands and acknowledges that neither the Hosting Product nor any installed third party software are configured to receive and store personal health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”) and that the FayeBSG is neither a “Covered Entity” nor a “Business Associate,” as those terms are defined in HIPAA. As such, Company agrees not to use the Hosting Productservice or provide access to or submit any PHI to FayeBSG when requesting technical and/or support services, in either case, to, directly or indirectly, submit, store or include any PHI as part of the Company’s data. Company agrees that FayeBSG may terminate this Agreement immediately, if Company is found to be in violation of this Section
Usage Data
In the course of providing Company with the services contemplated in the Agreement, FayeBSG may collect, use, process and store diagnostic and usage related content from the computer, mobile phone or other devices the Company uses to access the Hosting Product or installed third party software. This may include, but is not limited to, IP addresses and other information like internet service, location, the type of browser and modules that are used and/or accessed (the “Usage Data”). Usage Data does not, however, include Company data. Company agrees that FayeBSG may process Usage Data to create and compile anonymized, aggregated datasets and/or statistics in order to: (a) maintain and improve the performance and integrity of the Hosting Product and installed third party software; and (b) comply with all regulatory, legislative and/or contractual requirements, provided in each case that such aggregated datasets and statistics will not enable Company or any living individual to be identified.
